[Adopted as Ch. 10 of the 1975 Code]
[Amended 8-16-1994; 6-6-1995; 8-20-1996; 6-3-1997; 6-16-1998; 6-15-1999; 6-20-2000; 8-21-2001; 3-18-2003; 6-21-2005; 6-19-2007; 6-17-2008; 6-16-2009; 6-15-2010; 6-21-2011; 6-19-2012; 5-21-2013; 7-15-2014; 5-19-2015; 5-17-2016; 5-16-2017; 5-15-2018; 5-21-2019]
A.
Pursuant to the authority of § 46.2-1313, Code
of Virginia, 1950, as amended, all of the provisions and requirements
of the laws of the state contained in Title 46.2 and in Title 18.2,
Chapter 7, Article 2, Code of Virginia, 1950, as amended, except those
provisions and requirements the violation of which constitutes a felony,
and except those provisions and requirements which by their very nature
can have no application to or within the County, are hereby adopted
and incorporated herein by reference and made applicable within the
County. References to “highways of the state” contained
in such provisions and requirements hereby adopted shall be deemed
to refer to the streets, highways and other public ways within the
County. Such provisions and requirements are hereby adopted, mutatis
mutandis, and made a part of this article as fully as though set forth
at length herein, and it shall be unlawful for any person within the
County to violate or fail, neglect or refuse to comply with any provisions
of Title 46.2 or of Title 18.2, Chapter 7, Article 2, Code of Virginia,
which is adopted by this section, provided that in no event shall
the penalty imposed for the violation of any provisions or required
hereby exceed the penalty imposed for a similar offense under Title
46.2 or under Title 18.2, Chapter 7, Article 2, Code of Virginia.
B.
This section shall not apply within the corporate
limits of the Town of Front Royal.
[Added 10-7-1980; amended 4-16-1985; 3-17-1986; 10-6-1986]
For law enforcement purposes only, the following
described private roads or streets are hereby designated as "highways,"
as defined in § 46.2-100, Code of Virginia 1950, as amended:
A.
All of the private roads and private streets located
in High Knob Subdivision, as set forth on the plats of said subdivision
recorded by High Knob, Incorporated, in the Clerk's office of the
Circuit Court of Warren County.
B.
All of the platted roads and streets located in Shenandoah
Farms Subdivision, as shown on the following Warren County Tax Maps:
7A; 7A1; 15B; 15C; 15D, Sheets 1 and 2; 15E, Sheets 1-5; 15F; 15G;
15H; 23C, Sheets 1, 3, and 5-9; and 24C.
[Amended 9-15-2020]
C.
All the platted roads and streets located in Shenandoah
Shores Subdivision, as shown on Warren County Tax Map 13C, Sheets
1 and 2.
D.
All of the platted roads and streets located in Shenandoah
River Lakes Subdivision, as shown on Warren County Tax Map 10A.
[Added 7-20-1987]
E.
All of the platted roads and streets in Apple Mountain
Lake Subdivision, as shown on Warren County Tax Map 22B.
[Added 7-20-1987]
F.
All of the platted roads and streets in Shenandoah
River Estates and Bolling Subdivisions and adjacent residential areas,
as shown on Warren County Tax Maps 20C and 21C.
[Added 7-20-1987]
G.
All of the platted roads and streets in Lake Front
Royal Subdivision, as shown on Warren County Tax Map 39C.
[Added 9-21-1987]
H.
All of the platted roads and streets in the Thunderbird
Farms Subdivision area platted as Sections 1, 2, 3 and 4 of the Haynes-Anderson
Trust Property, as shown on Warren County Tax Map 36C, Sheets 1-6.
[Added 11-16-1987].
I.
All of the platted roads and streets in the Apple
Mountain West Subdivision, as shown on Warren County Tax Map 22C.
[Added 12-5-1988]
J.
All of the platted roads and streets in the Blue Mountain
Subdivision, as shown on Warren County Tax Maps 15A; 16A; 24A, Sheets
1 and 2; 24B, Sheets 1 and 2; and 24D.
[Added 12-16-1991]
K.
All of the platted roads and streets located in Skyland
Estates subdivision, including all roads and streets located in the
Skyland Estates Sanitary District, as are of record in the Clerk's
office of the Circuit Court of Warren County.
[Added 10-19-1999]
L.
All of the platted roads and streets located in Point
O' Woods Subdivision as are of record in the Clerk's Office of the
Circuit Court of Warren County.
[Added 10-21-2003]
M.
[1] All of the platted roads and streets located in Apple
Mountain Lake South Subdivision, as shown on Warren County Tax Map
31C.
[Added 10-17-2006]
[1]
Editor's Note: Former Subsection M, designating
platted roads and streets in the Cedarville Heights subdivision as
"highways," which immediately followed this subsection, was repealed
10-18-2005.
N.
All of
the platted roads and streets located in Linden Heights Subdivision,
as shown on Warren County Tax Map 23C, Sheets 2 and 4.
[Added 9-15-2020]
O.
All of
the platted roads and streets located in Blue Ridge Shadows Subdivision,
as shown on Warren County Tax Map 12J, Sheets 1-5.
[Added 5-23-2023]
The provisions of this article shall not be
applicable within the corporate limits of any incorporated town in
the County wherein the traffic is regulated by town ordinance.
[Amended 6-15-1982]
A.
The County Administrator may, with reference to County-owned
property and with reference to County-maintained roads and streets,
classify vehicles with reference to parking and may designate the
time, place and manner such vehicles may be allowed to park on County-owned
property and on County-maintained roads and streets and may make and
enforce such additional rules and regulations as parking conditions
may require. When any parking regulation is established pursuant to
this section, the County Administrator shall cause to be erected appropriate
signs or markers so that an ordinarily observant person who may be
affected by such regulation will be aware of such regulation.
B.
When any regulation is made pursuant to this section
and when appropriate signs or markers have been erected as required
by this section, it shall be unlawful for any person to violate any
such regulation.
C.
Whenever any vehicle is found parked in violation
of any provision of this section or any regulation or rule adopted
pursuant hereto, any Sheriff or Deputy Sheriff of the Warren County
Sheriff's Department or the County Administrator or any employee of
the County designated by him shall take the license number of the
vehicle and may take any other information displayed on the vehicle
which may identify its operator and shall conspicuously affix to such
vehicle a parking violation citation or notice, in writing, on a form
provided for that purpose. Such notice shall specify the violation
and inform the operator when and where he may report with reference
to such violation.
D.
Uncontested payment of parking citation fines and
penalties shall be collected and accounted for by the Treasurer of
Warren County.
E.
The operator of any vehicle to which a citation or notice is attached pursuant to Subsection C above may waive his right to appear in court and to be formally tried for the offense set forth in the citation or notice, and upon the voluntary payment of the fine prescribed by Subsection I(1) below, within 48 hours, at the office of the Treasurer of Warren County, shall not be required to appear for trial upon the charge for which the notice or citation was issued. The failure of such operator to make such payment within 48 hours shall render such operator subject to being issued a notice for a summons or warrant for his appearance in court on the charge for said violation and shall render such operator subject to the penalty prescribed in Subsection I(2) below.
F.
Contest by any person of any parking citation shall
be certified, in writing, on an appropriate form, to the Warren County
General District Court by the Treasurer.
G.
The Treasurer, upon request of the County Administrator, shall cause complaints, summons or warrants to be issued for delinquent parking citations. Before any complaint, summons or warrant shall be issued for the prosecution of a violation of any provision of this section or rule or regulation adopted pursuant hereto, the violator shall have been first notified, by mail at his last known address or at the address shown for such violator on the records of the State Division of Motor Vehicles, that he may pay the fine provided for such violation as set forth in Subsection I below within five days of such notice, and the officer issuing such summons shall be notified that the violator has failed to pay such fine within such time. The notice to the violator required by the provisions of this section shall be contained in an envelope bearing the words "Law Enforcement Notice," stamped or printed on the face thereof in type at least 1/2 inch in height. Upon payment of the fine provided for such violation as set forth in Subsection I below within five days of such notice, no summons for the violation shall issue. (State law reference, Code of Virginia, § 46.2-941.)
H.
In any prosecution charging a violation of this section
or any regulation or rule adopted hereunder, proof that the vehicle
described in the complaint, summons, citation or warrant was parked
in violation of such section, regulation or rule, together with proof
that the defendant was at the time of such parking the registered
owner of the vehicle, shall constitute in evidence a rebuttable presumption
that such registered owner of the vehicle was the person who parked
the vehicle at the place where and for the time during which such
violation occurred.
I.
The fine to be paid for violation of the provisions
shall be as follows:
[Amended 6-15-2010]
(1)
The fine for violating or parking in violation of Subsection B above shall be $20 if paid within 48 hours.
(2)
If the fine for such violation is not paid within 48 hours, but is paid by not later than five days from the receipt of notice sent pursuant to Subsection G above, a fine of $25 shall be paid in satisfaction of such violation.
(3)
If the operator of any vehicle shall contest the issuance
of such parking citation or summons, he shall, upon conviction, pay
a fine of $25, together with court costs.
[Added 8-21-2007]
A.
No vehicles other than those displaying disabled parking
license plates, organizational removable windshield placards, permanent
removable windshield placards, or temporary removable windshield placards
issued pursuant to Chapter 12.1 of Title 46.2 of the Code of Virginia
(Sections 46.2-1240 et seq.) or the laws of another state shall park
in any parking spaces reserved for persons with disabilities.
B.
No person without a disability that limits or impairs
his ability to walk shall park a vehicle with disabled parking license
plates, organizational removable windshield placards, permanent removable
windshield placards, temporary removable windshield placards, or DV
disabled parking license plates issued under Chapter 12.1 of Title
46.2 of the Code of Virginia in a parking space reserved for persons
with disabilities that limit or impair their ability to walk except
when transporting a disabled person in the vehicle.
C.
Enforcement.
(1)
A summons or parking ticket for the offense may be
issued by any deputy sheriff or other County law enforcement official
for violation of this section without the necessity of a warrant being
obtained by the owner of any private parking area.
(2)
In any prosecution charging a violation of this section,
proof that the vehicle described in the complaint, summons, parking
ticket, citation, or warrant was parked in violation of this section
of the Warren County Code, together with proof that the defendant
was at the time the registered owner of the vehicle, as required by
Chapter 12.1 of Title 46.2 of the Code of Virginia, shall constitute
prima facie evidence that the registered owner of the vehicle was
the person who committed the violation.
(3)
No violation of this section shall be dismissed for
a property owner's failure to comply strictly with the requirements
for disabled parking signs set forth in 46.2-1240 of the Code of Virginia,
provided the space is clearly distinguishable as a parking space reserved
for persons with disabilities that limit or impair their ability to
walk.
D.
Penalties and towing.
(1)
Fine. Parking a vehicle in a space reserved for persons
with disabilities in violation of this section shall be punishable
by a fine of not less than $100 nor more than $500.
(2)
Towing.
(a)
The owner or duly authorized agent of the owner
of a parking space properly designated and clearly marked as reserved
for use by persons with disabilities that limit or impair their ability
to walk may have any vehicle not displaying disabled parking license
plates, organizational removable windshield placards, permanent removable
windshield placards, temporary removable windshield placards, or DV
disabled parking license plates removed from the parking space and
stored.
(b)
The owner of a vehicle which has been removed
and stored may regain possession of his vehicle on payment to the
person or persons who removed and stored the vehicle all reasonable
costs incidental to the removal and storage. The owner of the vehicle,
on notice to the owner or duly authorized agent of the owner of the
parking space, may also petition the general district court having
jurisdiction over the location where the parking occurred for an immediate
determination as to whether the removal of the vehicle was lawful.
If the court finds that the removal was unlawful, the court shall
direct the owner of the parking space to pay the costs incidental
to the removal and storage of the vehicle and return the vehicle to
its owner.
E.
This section shall only apply within the corporate
limits of the Town of Front Royal when the parking space reserved
for persons with disabilities is located at either a Warren County
public school, a Warren County public park, or on all other property
owned by Warren County which is located within the corporate limits
of the Town of Front Royal.
[Amended 2-17-2015]
[Added 1-15-2008]
A.
No vehicles other than official fire, emergency medical
or law enforcement vehicles in the course of their official duties
shall park within places marked and designated as fire lanes by posted
signs and appropriate pavement marking and/or striping.
B.
Enforcement.
(1)
A summons or parking ticket for the offense may be
issued by any deputy sheriff or other County law enforcement official
for violation of this section without the necessity of a warrant being
obtained by the owner of any private parking area.
(2)
In any prosecution charging a violation of this section,
proof that the vehicle described in the complaint, summons, parking
ticket, citation, or warrant was parked in violation of this section
of the Warren County Code, together with proof that the defendant
was at the time the registered owner of the vehicle, as required by
Chapter 12.1 of Title 46.2 of the Code of Virginia, shall constitute
prima facie evidence that the registered owner of the vehicle was
the person who committed the violation.
C.
Penalties and towing.
(1)
Fine. Parking a vehicle within a marked fire lane
in violation of this section shall be punishable by a fine of $20.
(2)
Towing.
(a)
The owner or duly authorized agent of the owner of a lane properly designated and clearly marked as a fire lane may have any vehicle parked within such a lane other than those authorized in Subsection A above removed and towed from such a lane and stored.
(b)
The owner of a vehicle which has been removed
and stored may regain possession of his vehicle on payment to the
person or persons who removed and stored the vehicle all reasonable
costs incidental to the removal and storage. The owner of the vehicle,
on notice to the owner or duly authorized agent of the owner of the
land upon which the marked fire lane is located, may also petition
the general district court having jurisdiction over the location where
the parking occurred for an immediate determination as to whether
the removal of the vehicle was lawful. If the court finds that the
removal was unlawful, the court shall direct the owner of the said
land to pay the costs incidental to the removal and storage of the
vehicle and return the vehicle to its owner.
D.
This section shall only apply within the corporate limits of the
Town of Front Royal when the fire lane is located at either a Warren
County public school, a Warren County public park or on all other
property owned by Warren County which is located within the corporate
limits of the Town of Front Royal.
[Added 2-17-2015]
A.
No person shall, individually or in association with
one or more others, willfully break, injure, tamper with or remove
any part of any motor vehicle, trailer or semitrailer for the purpose
of injuring, defacing or destroying such motor vehicle, trailer or
semitrailer or temporarily or permanently preventing its useful operation,
or for any purpose against the will or without the consent of the
owner of such motor vehicle, trailer or semitrailer, nor shall any
person in any other manner willfully or maliciously interfere with
or prevent the running or operation of such motor vehicle, trailer
or semitrailer.
B.
No person shall, without the consent of the owner
or person in charge of a motor vehicle, trailer or semitrailer, climb
into or upon such motor vehicle, trailer or semitrailer with intent
to commit any crime, malicious mischief or injury thereto; or, while
a motor vehicle, trailer or semitrailer is at rest and unattended,
shall attempt to manipulate any of the levers or starting crank or
other device, brakes or mechanism thereof or to set such motor vehicle,
trailer or semitrailer in motion, except that the foregoing provision
shall not apply when any such act is done in an emergency or in furtherance
of public safety or by or under the direction of an officer in the
regulation of traffic or the performance of any other official duty.
No person shall wash, polish or grease a vehicle
upon a highway or sidewalk, nor shall the owner of a vehicle permit
it to be washed, polished or greased upon a highway or sidewalk.
No parade, except components of the Armed Forces
of the United States and the military forces of the state, shall occupy,
march or proceed along any highway in the County except in accordance
with a permit issued by the Board of Supervisors or its duly authorized
agent and such other regulations as are prescribed by this Code which
may apply.
A.
All motor vehicles participating in a funeral procession,
when proceeding to any place of burial, shall display illuminated
headlamps thereon and such other identification as the County Administrator
may prescribe.
B.
No operator of a vehicle shall drive between the vehicles,
persons or animals comprising a funeral or other authorized procession,
except when otherwise directed by a police officer. This provision
shall not apply to authorized emergency vehicles as provided in § 46.2-918,
Code of Virginia.
C.
Each driver in a funeral procession shall drive as
near to the righthand edge of the roadway as is practicable and shall
follow the vehicle ahead as close as is practicable and safe.
No person shall board or alight from any vehicle
while such vehicle is in motion.
No person shall ride on any vehicle upon any
portion thereof not designed or intended for the use of passengers.
This provision shall not apply to an employee engaged in the necessary
discharge of a duty or to persons riding within truck bodies in space
intended for merchandise.
A.
No vehicle shall be loaded with materials likely to
create loud noises by striking together without using every reasonable
effort to deaden the noise.
B.
The use in, upon or attached to any motor vehicle
operating on any highway of the County of any radio, phonograph, musical
instrument, bell, whistle, loudspeaker, amplifier or device of any
kind whatsoever whereby sound therefrom is cast upon any highway to
promote or advertise the sale of goods, wares or merchandise or for
the purpose of advertising auction sales, sporting events or other
businesses or things advertised thereby is prohibited. The provisions
of this subsection shall not apply to motor vehicles driven in a duly
authorized parade. The use of a loudspeaker on a motor vehicle for
making auction sales in highways directly in front of the property
then being sold and entirely outside of the business districts of
the County shall not be construed as a violation of this subsection
when such use is limited strictly to the selling at auction of such
property.
C.
It shall be unlawful for any person in operating a
motor vehicle or motorcycle within the County to create in the operation
thereof any unreasonably loud, disturbing or unnecessary noise.
D.
In operating a motor vehicle or motorcycle, the following
acts, among others, are declared to create loud, disturbing and unnecessary
noises in violation of this section, but such enumeration shall not
be deemed to be exclusive, namely:
(1)
The use of a motor vehicle or motorcycle so out of
repair as to cause thereby loud and unnecessary grating, grinding,
rattling or any of such noises or any other unnecessary noise.
(2)
The practice of unnecessarily racing the motor of
a motor vehicle or motorcycle while standing or moving, thereby causing
unnecessary noise from such motor.
(3)
The practice of unnecessarily retarding the spark
to the motor of a motorcycle and thereby causing unnecessary, loud
and explosive noise from the motor.
(4)
In starting a motor vehicle or motorcycle from a standing
position, the practice of gaining speed unnecessarily quickly and
thereby causing unnecessary and loud noise from the motor and the
screeching of tires, or either of such noises.
(5)
The practice of coming to an unreasonably quick stop
with a motor vehicle or motorcycle and thereby causing unnecessary
grinding of brakes and screeching of tires, or either of such noises.
No person shall throw or deposit or cause to be deposited upon any highway any glass bottle, glass, nail, tack, wire, can or any other substance likely to injure any person or animal or damage any vehicle upon such highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil, sand, mud, gravel or other substance so as to create a hazard to the traveling public. Any person who drops or permits to be dropped or thrown upon any highway any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. Any person violating any of the provisions of this section shall, upon conviction, be punished as prescribed in Chapter 1, § 1-11, of the Warren County Code.
It shall be unlawful for the operator of any
truck, trailer or other vehicle equipped with a tailgate to lower
or open the tailgate thereon or to suffer or permit such tailgate
to be lowered or opened except during the time the vehicle is being
loaded or unloaded and except during the time the load on the vehicle
necessitates a lowered or opened tailgate as a support for the load.
It shall be the duty of the operator of any such vehicle to see that
the tailgate on such vehicle is kept closed or raised, except during
the times hereinbefore specified. Any person who shall violate the
provisions of this section shall be punished by a fine of not less
than $5 nor more than $20 for each offense.
No person shall ride a bicycle upon any highway
in the County without having his hands upon the handlebars.
It shall be unlawful for any railroad company
or any receiver or trustee operating a railroad to obstruct for a
longer period than five minutes the free passage on any highway or
road by standing cars or trains across the same except a passenger
train while receiving or discharging passengers, but a passway shall
be kept open to allow normal flow of traffic; nor shall it be lawful
to stand any wagon or other vehicle on the track of any railroad which
will hinder or endanger a moving train, provided that when a train
has been uncoupled so as to make a passway, the time necessarily required,
not exceeding three minutes, to pump up the air after the train has
been recoupled shall not be included in considering the time such
cars or trains were standing across such highway or road. Any such
railroad company, receiver or trustee or driver of any such wagon
or vehicle violating any of the provisions of this section shall be
fined not less than $5 nor more than $20.
The operator of a vehicle in the County shall
not back such vehicle unless such movement can be made with safety
and without interfering with other traffic.
No operator of a vehicle shall enter an intersection
or a marked crosswalk unless there is sufficient space beyond such
intersection or crosswalk in the direction in which such vehicle is
proceeding to accommodate the vehicle without obstructing the passage
of other vehicles or pedestrians, notwithstanding any traffic-control
signal indication to proceed.
It shall be unlawful for any person to operate
or for the owner or person in control thereof to knowingly permit
the operation of, upon a highway of the County, any motor vehicle,
trailer or semitrailer without having displayed thereon the license
plate or plates assigned thereto by the State Division of Motor Vehicles
of the current registration year, whenever such license plate or plates
are required by § 46.2-1076, Code of Virginia.
Except as otherwise expressly provided by state
law, it shall be unlawful for any person to operate or cause or permit
the operation of a motor vehicle, trailer or semitrailer upon the
highways of this County unless there is properly displayed thereon
a valid state inspection sticker showing that such vehicle, trailer
or semitrailer has been inspected and approved under the provisions
of §§ 46.2-1157 to 46.2-1174, Code of Virginia.
Whenever a motor vehicle, trailer or semitrailer
involved in an accident is found upon a highway in the County and
is so located as to impede the orderly flow of traffic, the police
may, at no cost to the owner or operator, remove such motor vehicle,
trailer or semitrailer from the highway to some point in the vicinity
where such motor vehicle, trailer or semitrailer will not impede the
flow of traffic.
A.
It shall be unlawful for any person to refuse, fail
or neglect to comply with any of the provisions of this article or
any rule or regulation promulgated pursuant thereto.
B.
Every person convicted of a violation of any of the
provisions of this article, and such violation does not constitute
a felony, or who is convicted of violating any rule or regulation
promulgated pursuant to this article for which no other penalty is
provided shall be punished by a fine of not more than $100.
[Amended 6-18-1990]
It shall be unlawful for any person to park
any vehicle having no current state license on any highway in the
County.
A.
Removal and disposition of unattended vehicles generally.
(1)
Whenever any motor vehicle, trailer or semitrailer
is found on the public highways, public parking lot or public grounds
unattended by the owner or operator and constitutes a hazard to traffic
or is illegally parked in violation of posted signs on any public
highway or other public property or whenever any motor vehicle, trailer
or semitrailer is left unattended for more than 10 days upon any public
property, including public parking lots or privately owned property
other than the property of the owner of such motor vehicle, trailer
or semitrailer within the County or is abandoned upon such privately
owned property without the permission of the owner, lessee or occupant
thereof, any such motor vehicle, trailer or semitrailer may be removed
for safekeeping by or under the direction of a law enforcement officer
to a storage garage or area, provided that no such vehicle shall be
so removed from privately owned premises without the written request
of the owner, lessee or occupant thereof. The person at whose request
such motor vehicle, trailer or semitrailer is removed from privately
owned property shall indemnify the County against any loss or expense
incurred by reason of removal, storage or sale thereof. Each removal
shall be reported immediately to the Sheriff's office, and notice
thereof shall be given to the owner of the motor vehicle, trailer
or semitrailer as promptly as possible.
[Amended 4-17-2001; 4-16-2013]
(2)
The owner of such vehicle or trailer or semitrailer,
before obtaining possession thereof, shall pay to the County all reasonable
costs incidental to the removal, storage and locating the owner of
such motor vehicle, trailer or semitrailer. Should such owner fail
or refuse to pay the cost or should the identity or whereabouts of
such owner be unknown and unascertainable after a diligent search
has been made, and after notice to him at his last known address and
to the holder of any lien of record in the office of the Division
of Motor Vehicles of this state against the motor vehicle, trailer
or semitrailer, the Sheriff or other officer designated by the Board
of Supervisors may, after holding the motor vehicle, trailer or semitrailer
60 days and after due notice of sale, dispose of the same at public
sale, and the proceeds from the sale shall be forwarded by the selling
officer to the Treasurer of the County, provided that if the value
of such motor vehicle, trailer or semitrailer is determined by three
disinterested dealers or garagemen to be less than $50 which would
be incurred by such advertising and public sale, it may be disposed
of by private sale or junked. The Treasurer shall pay from the proceeds
of sale the cost of removal, storage, investigation as to ownership
and liens and notice of sale, and the balance of such funds shall
be held by him for the owner and paid to the owner upon satisfactory
proof of ownership.
(3)
If no claim has been made by the owner for the proceeds
of such sale after the payment of the above-mentioned cost of $50,
the funds may be deposited to the general fund or any special fund
of the County. Any such owner shall be entitled to apply to the County
within three years from the date of such sale, and if timely application
is made therefor, the County shall pay the same to the owner without
interest or other charges. No claim shall be made nor shall any suit,
action or proceeding be instituted for the recovery of such funds
after three years from the date of such sale.
B.
Contracts with private persons for removal or storage
of vehicles. The Board of Supervisors shall have the power to enter
into contracts with the owner or operator of garages or places for
the removal or storage of vehicles referred to in the preceding subsection.
The contracts shall provide for the payment by the County of reasonable
charges for the removal and storage of such vehicles and shall require
such owners or operators to deliver such vehicles to the owners thereof
or their agents upon demand therefor, upon furnishing satisfactory
evidence of identity and ownership or agency and upon payment of such
removal and storage charges, and that the owners or operators of such
garages or places of storage will indemnify the owners of such vehicles
for injury or damage thereto resulting from the negligent removal
or storage thereof, and such owners or operators shall be required
to provide themselves with adequate liability insurance to cover such
indemnity.
A.
Parking on private property generally. No person shall
stand or park a vehicle on any private lot or lot area without the
express or implied consent of the owner thereof. Whenever signs or
markings have been erected on any lot or lot area contiguous or adjacent
to a highway, thoroughfare or alley, indicating that no vehicles are
permitted to stand or park thereon, it shall be unlawful for any person
to drive a vehicle across any curb or lot line or over any driveway
from a highway or alley into such lot or area for the purpose of standing
or parking such vehicle or for any person to stop, stand or park any
vehicle in such lot or lot area.
B.
Leaving vehicles on private property; removed and
disposition.
(1)
It shall be unlawful for any person to leave any motor
vehicle, trailer or semitrailer or part thereof on the private property
of any other person without his consent.
(2)
Upon complaint of the owner of the property on which
such motor vehicle, trailer or semitrailer or part thereof has been
abandoned for more than five days, such motor vehicle, trailer or
semitrailer or part thereof may be removed by or under the direction
of a police officer to a storage garage or area, provided that the
person at whose request such motor vehicle, trailer or semitrailer
or part thereof is so removed shall indemnify the County against any
loss or expense incurred by reason of removal, storage or sale thereof.
(3)
In the case of the removal of a motor vehicle, trailer
or semitrailer or part thereof from private property, when the same
cannot be readily sold, such motor vehicle, trailer or semitrailer
or part thereof may be disposed of in such manner as the Board of
Supervisors of the County may provide.
(4)
In all other respects, the provisions of § 172-23 shall apply to such removals, provided that disposal of a motor vehicle, trailer or semitrailer may, at the option of the Board of Supervisors, be carried out under either the provisions of § 172-23 or under the provisions of this section, after a diligent search for the owner, after notice to him at his last known address and to the holder of any lien of record in the office of the Division of Motor Vehicles of the state against such motor vehicle, trailer or semitrailer and after the motor vehicle, trailer or semitrailer has been held at least 60 days.
In any prosecution charging a violation of any parking regulation contained in this article, proof that the vehicle described in the complaint, summons or warrant was parked in violation of such regulation, together with proof that the defendant was at the time of such parking the registered owner of the vehicle, as required by Chapter 12 of Title 46.2, Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where and for the time during which such violation occurred.
